GURLAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANTS Gurlal Singh and Dilbagh Singh have been convicted and sentenced under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) for allegedly being in possess of 53 Kgs. and 250 grams of poppy husk without any permit of licence on 27.8.1996.

(2.) THE case of the prosecution is that a police party headed by SI Iqbal Singh apprehended the accused on suspicion in the area of village Rai-Ke Kalan. The accused were informed that they were to be searched, for which they had a right to get the search conducted in presence of a Gazette Officer or a Magistrate. The accused agreed for search before a Gazette Officer. Accordingly, DSP Amrik Singh was called to the spot and in his presence, the contraband in question was recovered from the three bags being carried in Canter No. RJ-31G/0064 driven by accused Gurlal Singh, while accused Dilbagh Singh was sitting on his left side. The samples were drawn; recovery memo was prepared; seal was put; information for registration of a case was sent; site plan was prepared; the accused were arrested and the case property was deposited with the MHC. On the next day, the accused and the case property were produced before the Illaqa Magistrate. After completing other legal requirements, the accused were challaned.

(3.) IN his statement under Section 313 Cr.P.C. the accused denied the case of the prosecution and stated that he was falsely implicated.